TEXAS JUDICIAL COUNCIL

MINUTES OF MEETING

February 1, 2001

10:30 A.M.

SUPREME COURT COURTROOM

201 W. 14^th Street, 1^st Floor

AUSTIN, TEXAS

COMMENCEMENT OF MEETING

On February 1, 2001, Chief Justice Thomas R. Phillips called the regularly scheduled meeting of the Texas Judicial Council (Council) to order at 10:45 a.m. in the Supreme Court Courtroom in Austin, Texas.

ATTENDANCE OF MEMBERS

The Interim Director of the Council, Ms. Elizabeth Kilgo, called the roll. The following members of the Council were present:

Hon. Thomas R. Phillips, Chief Justice, Supreme Court

Hon. Sharon Keller, Presiding Judge, Court of Criminal Appeals

Hon. Marilyn Aboussie, Chief Justice, 3^rd Court of Appeals

Ms. Willie Jean Birmingham, City Commissioner, City of Marshall

Hon. Martin J. Chiuminatto, Jr, Judge, Kleberg County Court at Law

Deacon Jose Luis Lopez, San Antonio

Ms. Ann Manning, Attorney

Hon. David Patronella, Judge, Justice of the Peace Pct. 1 Pl. 2

Hon. David Peeples, Judge, 224^th District Court

Hon. Rodolfo Tamez, Presiding Judge, Corpus Christi Municipal Court

Hon. Royce West, Senator, Dallas

Hon. Mike Wood, Judge, Probate Court No. 2

Members not in attendance were: Senator Robert Duncan, Representative Senfronia Thompson, Mr. James R. Brickman, Mr. Joseph Callier, Houston, Ms. Delia Martinez Carian, Hon. John Hill Cayce, Hon. Pete Gallego, Hon. Jim Parsons, Hon. Penny L. Pope, and Judge Robin Smith.

With a quorum established, the Council took the following action:

MINUTES OF THE PREVIOUS MEETING

The minutes of the February 1, 2001 council meeting will be brought before council for adoption at the next regularly scheduled meeting.

WELCOME NEW MEMBERS

Chief Justice Phillips welcomed the new members recently appointed to the Council.

UPDATE ON COMMITTEE ON COURT FUNDING

Chief Justice Phillips addressed a draft resolution relating to criminal indigent representation. After discussion and upon proper motion, the Council unanimously adopted the resolution.

UPDATE ON COMMITTEE ON CAMPAIGN FINANCE

Judge David Patronella reported on the work of the Committee on Campaign Finance which previously met on January 30. Judge Patronella submitted a bill identified as 77R873(1), which would provide that for the purposes of contribution limits and limits on the reimbursement of personal funds, the primary and the general elections are considered to be a single election for unopposed candidates. After discussion and amendment, the Council unanimously supported the bill as amended.

Judge Patronella submitted a bill for consideration by the Council identified as 77R3989 (1). The bill would prohibit unopposed judicial candidates from receiving political contributions and address concerns regarding independent and write-in candidates. Upon adoption, the bill would serve as a committee substitute for HB167 filed by Representative Gallego. After discussion and upon proper motion, the bill was unanimously supported by the Council.

Judge Patronella submitted a bill identified as 77R874(3), regarding limiting certain political contributions by judicial candidates and officeholders. After discussion and amendment, the bill was unanimously supported as amended.

Judge Patronella submitted a bill identified as 77R872, relating to making a voter information guide for judicial elections available to the public. The Council amended the bill to reflect HB59 filed by Representative Puente, and to provide for a newspaper insert. After discussion and amendment, the bill was unanimously supported as amended.

Judge Patronella submitted a proposal to the Council for consideration regarding a constitutional amendment and any necessary statutory amendments to increase judicial terms of office for appellate courts to eight year terms, and for district courts, statutory county courts at law, and justice of the peace courts to six year terms. After discussion and upon proper motion, the proposal was unanimously supported by the Council.

Judge Patronella submitted a bill identified as 77R5528, relating to filing fee and petition requirements for certain judicial candidates. After discussion and amendment, the Council voted to support the bill as amended.

Judge Patronella submitted a bill identified as 77R5537 (1), regarding cross-filing by candidates for certain judicial offices. After discussion and amendment, the bill was supported by Council as amended.

PROPOSED RESOLUTIONS BY THE OFFICE OF COURT ADMINISTRATION

Mary Cowherd with the Research and Court Services department of the Office of Court Administration, presented a resolution to the Council requesting support for a criminal differentiated case management program grant to be funded by the Criminal Justice Division of the Governor's office. Upon proper motion, the Council unanimously adopted the resolution.

Ms. Cowherd presented a second resolution to the Council regarding commissioning a weighted caseload study to be conducted by the National Center for State Courts for Texas' district courts. The resolution is pending before the Council.

UPDATE ON THE SUBCOMMITTEE ON JURIES

Judge Mike Wood addressed the Council regarding the efforts of the Subcommittee on Juries. Ms. Kilgo summarized the subcommittee's key recommendations which include:

• •The Office of Court Administration, under the direction of the Texas Judicial Council, should develop a "Jury Service Pamphlet" and a "Jury Service Webpage" to inform jurors and the public about the Texas system and to answer basic questions about jury service (e.g., "What are the qualifications for jury service?"; "How often can I be called as a juror?"; "What does a court reporter do?"; "How many people can sit on a jury?"; and "Who pays the jury fee?"). The Webpage should also be linked to county webpages that provide information about jury service;



• •The Legislature should direct the Texas Judicial Council (with assistance from the counties and the National Center for State Courts) to conduct a pilot project that collects detailed statistical information relating to jury participation, compensation, and demographics and to make additional recommendations for improving juror participation to the 78^th Legislature;



• •Texas courts should be encouraged to seek immediate feedback from jurors who have completed their service via brief and confidential jury surveys; and



• •Subject to availability of funds, counties should consider offering jurors other incentives in addition to or in lieu of increased pay. Possible incentives include:



• free public transportation (e.g., bus passes)
• reimbursement for mileage
• free or designated parking
• free meals.

After discussion and upon proper motion, the Council unanimously adopted the subcommittee's report Examining Juror Pay and Other Ways to Encourage Jury Service in Texas.

The Council discussed SB 395 by Senator Duncan relating to the requirement that the Texas Judicial Council conduct a statewide jury service study and report the results of the study to the legislature, and HB 950 by Representative Garcia relating to juror reimbursement. Upon proper motion, the Council unanimously supported SB 395 by Duncan.

UPDATE ON COURT FUNDING PRIORITIES

Judge McCorkle addressed the Council regarding the judicial pay raise funding priority. Judge McCorkle presented a report comprised of recommendations for implementation of a standardized system that would determine judicial compensation. After discussion and amendment to the report, the Council adopted a resolution in support of the report.

DATE OF NEXT MEETING

The Council plans to meet again at the end of February or the first of March.

ADJOURNMENT

There being no further business before the Council, the meeting was adjourned at approximately 12:30 p.m.

_______________________

Thomas R. Phillips

Chair